WE R ... ?

"All that is required for evil to prevail is for good men to do nothing" ~ Edmund Burke

I read this on my twitter feed this morning and after hearing multiple news reports of the continued fallout from the Penn State debacle; I decided to add my opinion to the responsive chorus. Full Disclosure: I am both an alum (1996) , having spent all four of my collegiate years in Happy Valley, and a father of a beautiful little girl. Both of these obviously carry their influence on my response to what has been portrayed.

Even though it may seem this came about overnight; unfortunately this is a story that has at least THIRTEEN years in the making. Take a look at the timeline ESPN has put together at this link:

http://espn.go.com/college-football/story/_/id/7212054/key-dates-penn-state-nittany-lions-sex-abuse-case

Since 1998, there have been warning signs that Sandusky was a sick individual who should be kept away from any contact with children, forced into treatment, and perhaps incarcerated for his actions. However, state officials and university administration failed to take the action that was desperately needed. Each and every child (their families as well) harmed could have been spared the unconscionable acts of Sandusky if people actually took measure of the situation before them. Children. Being abused. No excuse in any context can be made to assuage the guilt from not acting to prevent the acts as they are happening; and those likely to happen in the future.

As a father, I can in no way fathom myself in a position of witnessing a young child being molested and not taking swift action to prevent the continuance of that molestation. Second, I can not see myself leaving the scene until I knew the molester was in the custody of an officer of the law. The timeline itself accounts the failure of individuals presented with this horrible situation; and failing to protect/defend the most innocent victim; our youth.

The students and recent alumni of PSU whose chants of "WE R...PENN STATE" are louder than those I last shouted do not have the memories of JoePa in his heyday that the elder statesmen have. The man has "Peachy Paterno" at the fabled Creamery. (Note: the Sandusky flavor has been pulled from the shelves). Paterno is revered and a literal Titan walking amongst mortals on the campus of Dear Old State.

It is for that very reason I am appalled and have lost all respect due to failure of this Titan to be PROACTIVE; to simply go above and beyond the bare "responsibility". This man was informed nine years ago of Sandusky's actions (on the grounds of the university that has created his wealth and he represents). To be told on a Saturday what someone witnessed, wait a full day, then place a call to the "higher ups"; the father in me feels Paterno is lucky not to be named a Defendant as well.

My disgust for Sandusky and his inhumane treatment of children entrusted in his care is one thing. I think most of us will agree this man should have never been allowed near children and deserves any and all consequence the legal system affords him.

That disgust is only compounded by officials, entrusted with the lives of students on their grounds (and any of numerous youngsters who visit the beautiful campus), that chose to DO NOTHING and allow for the wretched behavior to continue. Each and every individual who observed, heard, was made aware, of Sandusky's behavior and stood idly by should not be allowed to set foot on the grounds many of us hold dear.

This includes the most storied coach in college football. How this man can stand on a sideline entrusted with the care of young men, when his own lack of a care for younger men continued the cycle of abuse, honestly infuriates me. The fact his backhanded apology and statement announcing his retirement showed not a single ounce of remorse only embarrasses the blue and white more.

A remorseful and humble man would realize the err of his ways, recognize the embarrassment and stigma he created, and leave the grounds so the cleansing and healing can begin. A shameful and prideful man would have the ignorant chutzpah to feel his right to continue until the end of the season outweighs the rights and protections of the boys that very chutzpah ignored.

JoePa needs to go. Yesterday. All the administration who failed to act need to be gone. Yesterday. We as the Penn State University family need to unite as one to extract this blight.

WE R...

Lost Time Is Never Found Again

"Lost time is never found again" ~ Benjamin Franklin

As my colleagues can attest to, one of the most unnerving factors in our first meeting a potential client is the realization that, "if they had come to me sooner". The usual follow up to this realization is the thought process of what steps could have been taken, and creditor actions prevented, if that person you are speaking with did meet the attorney sooner than later.

My recommendation; act now. Many websites and self proclaimed experts will tell you that creditors and bill collectors are just "blowing smoke" when you hear on the phone, or read in a letter, about a lawsuit and potential garnishment. If we are honest with ourselves, we often put off until tomorrow what we don't feel like dealing with today. Tomorrow becomes the day after that; suddenly our procrastination has allowed things to happen while our attentions were elsewhere. If we think that the threats of the creditor or collector are simply idle; we may ignore those threats until they have become actions.

Think of it this way; today's economy also is affecting banks, mortgage companies, lenders, credit unions, their collection agents; everyone feels the burden of this financial strife. However, the banks are not pitching a tent, grabbing a picket sign and marching on Wall Street (or City Hall in my hometown of Philadelphia). They are taking whatever measures the law allows them to recover what monies they claim they are owed.

And who are they recovering these monies from? You. Yes. Y.O.U. Depending on the state you live in, this can include; levying your bank account to remove your hard earned money, garnishing your wages to prevent you from seeing your hard earned money, even selling the possessions in your home you bought with your hard earned money. See a pattern?

The strangest, and most consistent, truth in the myriad of situations people are in that come to me for help is the fact that many of the problems that have come about could have been prevented. There is a legal process a creditor/collector must take before they can see a penny of your hard earned money. In this legal process, even BEFORE it has begun, you would see letters and notices (especially important ones that say COURT of one form or another on the top of them). The best step to take to protect yourself and your possessions is to act as quickly as possible. The sooner you speak to an attorney about your financial situation; the sooner you can receive answers to the questions (even the ones you did not know were there) that you have about what can be done.

Just as the laws of this great nation allow banks and financial institutions certain avenues to recover lost monies; the laws of this nation have protections in place for Americans who face overwhelming financial crisis. If you unfortunately find yourself in such a position; do not wait for time to pass. You will never get it back.

Instead of waiting until tomorrow (or the next day) to speak to an attorney, let me offer an alternative. The first step; gather your paperwork. Your bills. Your paystubs. If you unfortunately are not working; your unemployment receipts. Put these together neatly and sit down with an attorney who specializes in helping individuals in times of financial crises. If that attorney is like me; they specialize in bankruptcy.

A lot of attention is being spent on having the voice of everyday Americans heard. In some way or another; people are flocking to occupy a metropolitan area to protest the economic structure we are under. This is a noble cause; however, I caution that taking part in such a gesture removes you from occupying a seat at the table of YOUR personal fresh start. If enough Americans have their voices heard through taking advantage of the laws and protections in place; banks and creditors will have to see that every action does indeed have an equal reaction.

So how do we prevent ourselves from losing time? The answer is quite simple; ask for help. As soon as you need it. When, you might ask? As soon as you are told that your hard earned money, and hard earned possessions, are in jeopardy. This goes doubly true if you are at risk of losing the most prized possession; the roof over your head. If you are missing rent or mortgage payments; then time surely is not a luxury and I recommend you speak with a local bankruptcy attorney. The sooner you do so provides you and the attorney more time to act on your behalf.

By taking advantage of the time you do have, you accomplish two key goals. The first is taking yourself out of the embarrassing feeling of not knowing what can happen and what you can do to prevent that happenstance. The second key goal is one I ask of every person I represent and assist; agreeing to the next course of action. If you have both goals accomplished, you take yourself out of an unknowing, unresponsive position to an educated, proactive one.

An educated and proactive American is exactly what our founding fathers, and current soldiers, fought for and defend. So, why wait? You may very well find the time you truly lost is the time for your fresh start and freedom from your current crises.

What Creditors and Bill Collectors do NOT Want me to Tell You

Ah, the age of communication. A respected colleague of mine posted a Reader's Digest article on their Facebook page. The link to the article : http://www.rd.com/slideshows/13-things-a-debt-collector-wont-tell-you/?v=print .

Fair enough reading; bullet points and all. However, this simply skims over the overall picture of how everyday Americans should arm themselves with knowledge concerning how to respond to a creditor and debt collector. Each state has different levels of protection for their citizens when it comes to debt collection; from both the creditor and their agents (read: bill collector).

The first seven years of my post-law school career were spent in a collection agency; overseeing bankruptcy, compliance, and all areas concerning the law/regulations affecting the job. The first thing a collector does not want you to know; THEY ARE NOT THE FINAL AUTHORITY. Many of the best bill collectors create the aura of their authority over the "account"/"obligation"/"debt" and how that specific matter will be collected from you. As an individual, on the other end of the phone, you need to keep in mind certain rights; 1) They can not threaten to sue me unless the creditor intends to 2) They can not say they are an attorney if they are not one 3) They can not threaten me with imprisonment 4) They can not threaten to do something the law does not allow. All of these facts, regardless of the tales being told to you, remain throughout.

The most important thing a person has to realize is that should they fall behind on an obligation (be it a credit card, personal loan, or the like), that obligation does not go away. Yes, there are statutes of limitations that govern the length in time a person can be sued, however, the fact of ignoring the bill you got behind on puts one in a precarious position. You go from being a "customer" to a "debtor". The person you owe the money to is the creditor at that point; and they would like to get paid. You can convey the reasons why the bill is behind, however, their interests and concern begin and end with how much you owe, how much can you pay, and when will that payment come.

This also holds true when the creditor turns over the efforts of getting paid to someone else, a "third party", often referred to as a debt collector. The state and federal government have established laws over how these individuals conduct their business. If you wish to learn them, please do look them up on the FTC website. The overall gist is spelled out in the link above.

This is where things get tricky. The creditor and collector's greatest weapon is the level of pressure they can exert to force someone to pay. That pressure would be called harassment by some, "collection efforts" by others. Daily calls in states where it is allowed, letters to the home, even some have resorted to knocking on the door in the past. What they rely on is the perceived thin skin of the "debtor" to not be able to deal with the volume of calls and letters.

Combine the perceived thin skin with the fear of the unknown as to what can happen next. When I oversaw a collection team; our greatest weapon we honed was the fear of the unknown and we being the only ones who can control the unknown consequences from happening. Think of it as a squeaky wheel getting the attention. We wanted our wheel to be the one controlling the entire ship. There are ways you can quiet the squeaky bill collector wheel; sending a cease and desist letter and making sure they have received it being one such method.

SO, what do you do? You arm yourself with information. Make sure the bill they are trying to collect from you is valid; and that means you recognize the creditor and agree to the amount owed. Ask for this information in writing. Make sure you are aware of the consequences you created by ignoring the bill to this point in time and then make yourself aware of further actions that the LAW allows the creditor to take.

What the credit card companies do not like to admit is they can not first hand take any effort to make you pay the bill once it falls behind. A credit card company can not repossess your car; who you owe the money to for that car can. The credit card company would have to go to court, obtain a judgement, and then be able to collect on that judgement before having a chance at your possessions. Obviously, someone in the unfortunate position of being behind on their bills should act sooner rather than later; do not allow the creditors to reach this point.

There has been a wealth of information provided by the government, debt settlement companies, and consumer advocates concerning the collection of past due bills and how Americans should deal with them. Unfortunately, if you do fall behind, you most likely will hear from who you owe; or the debt collector they hire to remind you (as often as possible) about that very bill.

What the creditors and bill collectors do NOT want me to tell you is to educate yourself. Educate yourself about how much you owe on their particular bill, and all others. Educate yourself on what your state allows a creditor to do once someone is behind and cannot pay the bill. Educate yourself about the option in speaking with an attorney. More and more people are turning to bankruptcy as a way to free them of the overall debt burden; not just the one bill that you keep receiving calls for this week.

The best defense is a good offense. This is true in sport and finances. Build your offense in knowing the laws and your financial picture. If you have ignored bills thinking they were going to just go away; build your offense in knowing everything about what you make in income, what you need to survive and care for loved ones, and what you owe to creditors. Make yourself aware. A person who is aware about their rights, about their financial picture, and about what can be done; this is the collector's worst "debtor".

Lastly, the one dirty secret that no creditor or collector will tell you; you control your own financial picture. You control your wallet, you control your obligations, you can control how creditors and collectors communicate with you. The trick is, especially if you have been ignoring those obligations, take. back. the. control.

And, if you feel these bills are overwhelming; reach out to an attorney. I unfortunately have seen where clients feel that if they "just took care of this one bill", everything else would be OK. If you face bill collectors, lawsuits being threatened, etc; reach out to an attorney in your state. We are here to help you take back control of your finances and get the fresh start in life you now feel can never come.

The RIGHT advice for YOU

Sometimes, it is not as simple as you see on television. A couple nights ago my wife and I were watching ABC News and they interviewed Suze Orman regarding the housing and mortgage crises. The gist of the report can be found here: http://abcnews.go.com/US/housing-figures-offer-hope/story?id=14575419

Now I can see some of the wisdom in the advice she gives. However, it is myopic at best to think this can truly be the best advice for those people that make up the entire audience. My appreciation of the news trying to cover this very difficult issue for a lot of Americans turned quickly to disappointment in realizing that it is those very Americans in distress who might rely on this advice alone.

In the years of my practice, there are some constants. One is that when facing economic strife; there usually are more than one area of distress. If the mortgage is not being paid, then the car may be overdue. If you can not pay either to put food on the table; then the credit cards and utility bill may be ignored. Simply telling people to "walk away" from their home should be the start of the advice or recommendation; sadly this news report makes it appear as if Suze Orman made it the final word.

This is the shame of it all. As an attorney, I have seen various creditors, not just the mortgage companies, become quite active in the courts to gain whatever monies they can from those who are behind in their bills. This economic turmoil has hit everyone; from your kitchen table to the boardroom table.

It is for that very reason my advice to anyone considering giving up their home immediately seek the advice of an attorney; particularly a bankruptcy one. The surrender of one's home can have lasting implications on their credit and future financial outlook. Also, one would need to consider any second or third mortgages against the home that they think is being given back to the first mortgage company. Lastly, the walking away from one's home does not address the credit car bill, the car loan that is behind, or any other issue that is there.

Simply put, any financial difficulty that you are going through needs sincere, attentive, and dedicated advice so you can be best educated in what steps to take. This can only be obtained by a consultation with an attorney; giving them the particulars of your individual situation and allowing that attorney to give you individual advice.

If you take anything from reading this post, please do not only rely on the advice from the news. While it may sound like good advice, it may not be the right advice for you.

The Current State of Bankruptcy

Please click on this link: http://www.financiallit.org/PDF/2010_Demographics_Report.pdf

This report is eye-opening. It is from a national foundation that assists individuals facing financial difficulty; including on the verge of filing bankruptcy.

When I was in my younger career, bankruptcy was almost viewed as a "dirty word"; almost like those who file walk around with a Scarlet "B" tattooed on their chest.

What this report shows, and if anyone is paying attention to our economic climate can tell, is that the continued recession has reached into more homes at an alarming rate.

What has previously been viewed as making enough to be bankruptcy proof is not the case in 2011. Job reduction, income reduction, cost inflation; all of these factors have contributed to the strife facing an ever-increasing amount of Americans.

If you are an everyday American reading this and going through financial difficulty; I hope this shows you that there is no shame in reaching out for help. Many of your neighbors and people you would not believe are doing so. If you are a fellow attorney; this should certainly be an eye opener to just how much our services are needed today more than ever.

'via Blog this'

9/11 Always remember; never forget.

Ten years. Think about that a moment and then repeat; ten. years. That is how long it has been since the most horrific sight in my generation's lifetime unfolded on national television. I am sure we can recall where we were and what we were doing at the exact moment we first saw an airplane fly through the World Trade Center (link here: http://www.911memorial.org/ ) . What we felt when we learned the Pentagon (link here: http://pentagonmemorial.org/ )was also attacked. What we felt after learning of the heroism of Flight 93 (link here : http://www.honorflight93.org/ ).

I have provided links to all three memorials. I invite you to take a look through the very informative websites that each organization has created. Like me, I think you will easily be taken back to that very day when no matter our age; we lost the innocence of ignorance to the horror of terrorism on your land.

There will be ample opportunity to relive and educate our younger generation about exactly what transpired and how it has affected our nation then, now, and in the future. As for me, I distinctly remember being on the floor of a collection agency I was an attorney for the morning of 9/11/2001. This collection agency was located in New Jersey; not too far from Manhattan. Personally, my father had not been buried for more than three months after a year long battle. I was a month ahead of meeting my future wife. She herself has told me that she was with her father in a municipal court at the Jersey Shore. Both of us shared the same response in our first dates together; shock, sadness for the lives senselessly lost, and hopefulness that retribution would be swift.

When word spread through our office of what was transpiring, the phones immediately went silent. The staff that was on for the day huddled around the big screen television in our break room. I think we were still for hours until many of us realized it might be difficult to travel home.

For those of us who are blessed to not have lost a loved one in this tragedy; our stories might be quite similar. We called who we loved, we rushed home to make sure everyone was ok, we watched everything unfold.

For those of us whose lives were never the same because we personally were hurt in these attacks, we lost a loved one due to these attacks, or we were heroic to run and assist the victims on site; you each have my deepest sympathy and prayer for your continued healing. As I just crossed ten years from losing my father; it never fully heals. It remains.

What remains is what I think we all are responsible for. My daughter will be three this year and when the time is right; my wife and I will tell her about that sad day. Hopefully when the memorials are fully constructed; we all have a place to relive, learn more, and remember when our country was viciously attacked and our fellow citizens lost their lives.

I remember talking to my mother about what we were doing that day. I commented that we are still at war; but not like World War I or II. There is no bright, distinct "front line" you can look to a map and point. The front line is more a map of pinpoints; many in our proverbial back yard. There are American, and foreign, men and women risking their lives on this 21st Century front line to defend and protect you and I.

In closing, I welcome any and all stories, responses, remembrances, thoughts and comments you may have. Please leave them here on my blog, through my facebook, or email me. My wife and I have promised ourselves that we will see each of the memorials when they are ready. We surely will be watching the services on the television and listening to the stories that, just now after ten years, are first being told. What do you plan to do in remembering 9/11?

Bankruptcy Loan Modification

****Note, the information shared here is not to be used as legal advice. Should you face any financial difficulty, please do not hesitate to contact me for a free consultation. I can be reached at (215)821-8377 or at DaveHuberEsq@yahoo.com. In helping individuals with bankruptcy, the federal government has designated me a debt relief agent.*****

The Chief Judge of the New Jersey Bankruptcy Court has just released the loss mitigation program. Earlier this year, judges, trustees, and attorneys from around the state met to develop a program that would ease the difficulty people and mortgage companies face in trying to establish mortgage modification. This program took effect on August 1, 2011 and was very inspiring for me to be involved in its formation and integration. A link to the announcing article is here:
http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202508961233

What does this mean for the individual consumer facing difficulty with their mortgage? It creates an environment, under direct federal court oversight, for you (through your attorney if you have one) to reach out to the mortgage company and attempt to modify the mortgage you are having trouble with. Whether it is a short term issue that caused you to be behind, or an interest rate you feel you can no longer meet; there is now a more direct avenue to obtaining a modification through legal assistance. There are strict deadlines for either side to provide information, respond to submissions, and ultimately come to a decision as to whether the mortgage itself can be modified.

As with everything, there are certain requirements a person must meet to enter into the program. The first is filing for bankruptcy; which itself is a decision not to be made lightly. However, if there are various financial difficulties you face, including meeting your mortgage obligation; this program is a wonderful tool. For an attorney who represents individuals facing the strife of financial peril; this program eases our ability to address all forms of financial assistance and recovery. With this in place, attorneys who represent individuals in bankruptcy now can not only help stem the tide of their problems.

For individuals who are in bankruptcy, this program goes even further in helping them obtain a "fresh start". This truly is a welcome announcement and I commend Chief Judge Wizmur in the swiftness of its incorporation.

My $.02 on Casey Anthony

As a father of an amazing 2 1/2 year old, I of course got chills and became quite upset when news of Casey Anthony and the loss of her young child broke. It always disheartens me to hear of anything happen to children; they are the most innocent amongst us and a gift from our Maker. We should cherish these precious gifts of life and too often these gifts go unappreciated, unattended, unwanted, ... The greater shame of it is the countless people who want nothing more than a child in their life and nature decided that is was not to be.

But I digress. The father in me can react in shock to the "not guilty" verdict handed down to young Ms. Anthony. I mean, come on, SHE. DID. IT. Look how long it took her to report her OWN DAUGHTER missing. Who gets a tattoo if they are worried sick because there child is not right there beside them? And who googles chloroform? That's not an everyday term. It's almost like searching for "napalm". Why would anyone want to do such a thing other than to put what they are looking for to use? In the court of public opinion, Casey Anthony is guilty beyond any measure of doubt.

The great thing about our society, and that men and women still fight for to protect, is "innocent until proven guilty." Herein lies the rub. I honestly think that if you sat each juror down, their verdict was more of a rebuke and rejection of the state meeting that high burden of "beyond a reasonable doubt". They did find her guilty of lying to authorities. They also, in the same breath and in taking their job assigned very seriously, could not say the state proved that Casey murdered her own daughter.

So who is to blame? My armchair quarterbacking would lay the blame at the prosecutor's office and investigators who saw a high profile case already in the news; and rushed to the courtroom before leaving no stone unturned and not one bit of wiggle room for defense. They had their reasons and hindsight always sees the past better than when you are experiencing the difficulty in the present.

At the end of the day, the yelling, talking heads, crying, and even elation for the defense team and Casey; all their combined energy will not bring that little girl back to life. Her loss will remain unanswered for. And my wife and I will hug and kiss our daughter, tell her we love her, and thank God for having her every chance we can.

Perhaps not. I truly believe that even when Casey Anthony is no longer behind bars, she will never have another "free" day. Wherever she goes, there will be eyes upon her. Wherever her parents go, they will have eyes upon them. Can they ever return to the life they had before anything happened? Should they?

The answers to those questions will come along in due course. In the meantime, the rest of us will appreciate the blessings we have.

Take the Keys, I'm Out

***Please note, anything posted here is not to be taken as legal advice. Should you need legal assistance, please contact me at the Law Office of Seymour Wasserstrum, (856)696-8300, for a free consultation***

TAKE THE KEYS, I'M OUT

Back in olden days, it used to be that if you could not pay for something, you give it back. The bank would then try to sell the car/house/whatever to someone else and you would be on your way. Those days have long since come and gone.

Now, especially in the financial strife that many face, the ability to pay for the car and mortgage is simply too much for many to bear. One would think that if you simply gave the car back to the dealer, or the home to the mortgage company; they would simply take the keys and leave you out. Unfortunately, the tough times have been affecting the banks as well. Unfortunately, after they sell the car, that person finds a bill for the rest of the loan that was owed.

Even worse, if the house was lost to a foreclosure on a first mortgage; some people have found the second mortgage or home equity loan coming back to haunt them on the "note". Not only do they have to face losing their home, now the issue arises that the loans for that home have not gone away.

These times call for people to make very careful decisions and become fully aware before they decided to surrender or turn in anything. There may be options; from reworking the loan to having it reworked through a bankruptcy, that may be available which the lenders surely do not want you to know about and take advantage of.

Before you decide to surrender a car or home, please do make sure you know the full consequences of doing so before "turning in the keys". There are other bills to consider, association fees and municipal expenses for example, that should be considered. In either event, one should make sure they have been fully informed of every repercussion before making the difficult decision to turn something in and walk away.